


The Trial

by PoliticallyObsessedScholar



Category: Harry Potter - J. K. Rowling
Genre: Gen, a critique of canon, pro-Draco, pro-Slytherin
Language: English
Status: Completed
Published: 2016-12-18
Updated: 2016-12-18
Packaged: 2018-09-08 22:37:43
Rating: Teen And Up Audiences
Warnings: Creator Chose Not To Use Archive Warnings
Chapters: 1
Words: 5,053
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/8866168
Author URL: https://archiveofourown.org/users/PoliticallyObsessedScholar/pseuds/PoliticallyObsessedScholar
Summary: The Wizarding World was waiting with baited breath for the trial and conviction of the youngest Malfoy. Well, at least they got the trial...





	

_It's all a circus, kid. A three ring circus._  
_These trials- the whole world- all show business._  
_But kid, you're working with a star, the biggest!_

_\---_

The Wizarding World did not have a Magna Carta or Constitution. It did not, in fact, seem to uphold due practice most of the time. The judicial system was barely separate from the legislature and executive. This world would have driven Montesquieu to tears and Rousseau back onto his bloody soap box. It would have caused the Founding Fathers of the American Muggle Government to write treatises and Edmund Burke to write letters. As it was, Plato and Socrates would have recognised in it a pattern for theatre and showmanship. A Trial was only an extension of the public will, whether overt or overt, and it was the job of defence lawyers to attempt the impossible - to sway them to their side.

Fortunately for him, Draco Malfoy had hired a good one.

Caldwell Jones was a half-blood bastard scion of the Parkinson family. After finishing Hogwarts he had taken a sizeable Gringotts vault as hush money and disappeared into the muggle world to study first a joint degree in Mediaeval History and Philosophy at St Andrews (apparently because of the vibe) followed by a law degree at Yale. Since then he'd travelled the world and defended those considered undefendable. He'd followed the War through international coverage, safe in Australia, and had written to Draco offering his services as soon as it was declared to be over. A meeting had hesitantly and tentatively been booked and the next day Caldwell Jones got a close look at his client.

He'd heard that Draco Malfoy was pointy with white-blonde hair and arrogance that draped across his back like a particularly expensive cloak. Draco Malfoy was every inch his father's son, a bully and proud to a fault. What he saw in the small meeting room of the Auror department was none of these things. The Draco Malfoy he met was indeed pointy with white-blonde hair but it was everything else that was wrong.

He looked very young sitting on the other side of that wooden table, vulnerable and scared. His skin was grey and his hair was limp. He was proud, that much was clear when Caldwell informed him that he was working pro-bono, but it did not prevent him from accepting what was offered. It was the boy's eyes that clutched at Caldwell's heart the most. They were old, so very old, and so very tired. When he listened to the plans being outlined to prevent him from going to Azkaban he did not smirk or in any way intimated that this was his due, instead he looked very much like he wanted to say "well, if you want to throw your reputation away on me I won't stop you" and his eyes remained dead.

Wizarding trials started first with the prosecution calling all its witnesses and presenting its full case, followed by the defence doing the same, and the prosecution closed proceedings before waiting for the Wizengamot to vote.

With no cross-examination on the witness stage, no binding oaths to honesty, no presumption of innocence, no discovery of evidence, and no equanimity in speaking time the game was stacked against the accused. The only thing working in Draco's favour was that every witness - corporeal or not - had to come, had to present themselves on stage, and had to answer - regardless of which side wished to use them.

The prosecution had used five full days to drag war hero after war hero up to testify and bullied student after bullied student. He'd handed tissues to a distraught Katie Bell and sympathised with Madam Rosemerta. He'd worked Ron Weasley into a frenzy of hatred and commiserated with his poisoning on his birthday. Harry Potter had also appeared and been questioned about his suspicions that Draco was "up to something" in Sixth Year and his interactions with him the Room of Requirement during the Battle of Hogwarts. 

 _Really_  asked the prosecutor,  _is it enough that Draco just didn't identify Potter at the Manor? That he claims he had no choice? When he caused so much pain to so many and caused Hogwarts to fall?_

As the Prosecutor wrapped up Caldwell could feel his own excitement and nervousness start to build. This was it. He was either going to become the greatest defender in the history of the Wizarding World or who would be the schmuck that was won over by Malfoy Galleons and failed to get them off. Centreing himself he channelled his inner (albeit more moral) Billy Flynn and prepared to get to work. Draco Malfoy had just been a kid, in over his head, with little choice in the matter. He just had to prove it.

The first witness that Caldwell called looked completely surprised to be there. Percy Weasley had certainly not expected to be seated on stage as a witness defending a Malfoy and his nervous glances at his family in the gallery proved that he wasn't comfortable in that position. So Caldwell had smiled, said it was just a couple of procedural questions and then he'd levitated a large family tree of Draco's extended family in front of both Percy and the gallery. 

"My client certainly has a large family!" he said with a laugh "Let's just ignore every one that wasn't alive after he was was oh, let's say, five years old. That should give us a better idea"

He'd waved his wand and the vertical length of the tree decreased significantly.

"And let's cut out anyone who lives overseas"

Only one branch of the family disappeared (they were fifth cousins or some such, hardly worth bothering with)

"And, oh Merlin, I think I see the Weasley's on here. Let's just cut out any family with which the Malfoy's or the Black's were feuding"

There went quite a few more and the tree finally resembled what Draco would have recognised as family. With a smile Caldwell turned back to Percy

"Now, in your capacity as Court Recorder of Death Eater Trials could you please point out anyone on this chart that is not on trial for crimes against Wizardkind? Just so that we have some idea of who my client’s positive role models could have been"

Having some idea of what was at stake here Percy looked desperately through the tree, then he started again, and again. He shuffled slightly on his chair before nervously stuttering out that there wasn't anyone. Caldwell had been terribly sorry but he hadn't  _quite_  heard, would Mr Weasley mind repeating? Percy had once again said that there was no one on that tree that fit but, and in a burst of self-assured pomposity and bravery that was so characteristic of who he was, he did mention that his Aunt Andromeda was surprisingly absent.

Caldwell had nodded thoughtfully, dismissed Percy with a genial smile, and called Andromeda Tonks to the stage.

Andromeda held herself with all the bearing of a pureblood witch and she was clad head to toe in mourning robes. She'd caused a bit of a stir and there'd been a scream in the gallery due to her unfortunate resemblance to her sister but at least there was no doubt that she was who she said she was. Caldwell hadn't wasted any time with thanking her or setting her at ease, she was a Black. They would not appreciate being played.

"Mrs Tonks, could you tell me what kind of contact with your nephew you had while he was growing up or during the war?"

"None"

"So you had no contact with your nephew whatsoever? No gifts? No letters? No visits with the family?"

"That's correct"

"And, to the best of your knowledge, what would my client have known about you?"

"That I was a blood traitor who had spit on the graves of my ancestors and turned my back on my family."

"Just before I let you go, your son-in-law Remus Lupin taught my client. Did he ever have any occasion to share his thoughts about him with you?"

"Yes, he did"

"Would you mind sharing them, for the Court?"

"He believed that Draco was terrified and proud of his father in equal measure"

Next Caldwell turned to focus on Draco's schooling. It would be a delicate matter, to give Hogwarts its due respect while still highlighting its flaws. It was moments like these that Caldwell lived for. Third witness: Minerva McGonagall, Headmistress of Hogwarts.

Caldwell had been taught by her in Transfiguration so he knew exactly what she liked in her essays. He'd just need to adapt it for the court. First, he needed to outline exactly what he was going to do:

"Headmistress McGonagall, I've asked you here to answer some procedural questions about your time as Deputy Headmistress. At the end, if there's time" if he judged her to be receptive "I'll ask for your opinions on my client’s character."

Second, he needed to actually do what he said he'd do. 

"Could you tell me, roughly, how many students there were in Slytherin House in 1991?"

She'd seemed disconcerted but then answered readily enough

"About ninety"

"And how many were in Gryffindor?"

"About the same"

"Could you remind everyone about how the House Cup works?"

"Over the year members of a house who do well in sports, academia, and personal comportment receive points from staff which add to the house score. Similarly if they commit a misdemeanour they lose house points. Usually this is around five points on each occasion, sometimes more if the situation demands it. At the end of the year the house which has best represented the ethos of Hogwarts and of their House, as represented by their House Points, wins the House Cup."

"So it's intended to be a celebration of the collective and not the individual? To teach responsibility to broader society?"

"Yes, exactly"

"Could you then, please explain, how Headmaster Dumbledore's decision at the end of the year factored into that pedagogy? I am referring, of course, to when he awarded to three students who had disobeyed instructions, broken curfew, entered into a forbidden area, and assaulted another students cumulatively 160 points? While their friend who had been assaulted for attempting to uphold the rules and ethos of Hogwarts only received 10? And why this was all done at a feast which celebrated the collective efforts of around ninety Slytherin students across the year to be the best versions of themselves and in such a manner to deliberately tip the victory to Gryffindor? A house previously dead last in rankings?"

There was an uncomfortable silence from the gallery and McGonagall appeared unsure how to answer. After a while she thinned her lips and said

"I'm afraid Headmaster Dumbledore's behaviour in that instance did not reflect what Hogwarts stands for"

"So for the most part all houses at Hogwarts are treated equally?"

"Yes, that is correct"

Caldwell made a show of looking apologetic as he continued

"Then I'm afraid I'm going to need you to explain...” and the interrogation started. Why did Gryffindor house gain a seeker after the student in question had disobeyed the instructions of a Professor, endangered school property, and endangered himself? What disciplinary action did he receive for his misbehaviour? Why were four first year students sent to help a staff member track down an individual who was killing unicorns in the Forbidden Forest? Why weren’t they fully supervised? Why was half the student body evacuated to a place of danger in 1991? How did the faculty response to the vilification of the house of Slytherin? Why did she declare that ‘the time has come for Slytherin House to declare its loyalties’ - did she really believe a quarter of students were disloyal to their friends and family in other houses and the school itself? Why did she not give a full quarter of the school the choice to defend Hogwarts simply because one student wanted to give up Harry to Voldemort?

Then he pivoted his focus back directly onto Draco. He spread his arms and said genially that:

“Well, that’s the procedural questions done. I’d like to ask you some questions about my client now...”

He paused and looked at her carefully. He wasn’t asking permission, he was gauging her response. She had always been one of his favourite professors, brisk and efficient. She’d nodded briefly and Caldwell saw in her eyes that she understood what he was trying to do. That she understood and approved. He might have put her through the wringer, might have highlighted all her biases and prejudices, but Draco Malfoy was one of her students. Above all else she was a teacher, an educator, her duty came first.

“How would you describe my client, as a person?”

He wouldn’t have started with that question if he wasn’t certain that she, like him, believed Draco Malfoy did not deserve Azkaban.  Her willingness to continue despite her discomfort showed at least that much.

“Draco was an excellent student. He was loyal to his friends and a staunch believer in family ties. He tutored other students in his house who had academic difficulties and was second in his year up until his sixth year. He could be a bully at times but that is not unusual in childhood. James Potter was quite similar during his youth. Last year, when he was at Hogwarts, Draco showed a marked disinclination to torture or harm other students. I know of at least one occasion where he was crucio’d for this behaviour.”

Internally, Caldwell gave a sigh of relief, while outwardly he gave a magnanimous nod. Draco Malfoy was looking at his former Professor with barely disguised surprise. Up until this point his body language had been as studiously non-committal as he could make it. Caldwell suspected that for the first time Draco realised he wasn’t as alone as he thought, as alone as he’d been made to believe he was.

“What was my client’s temperament and behaviour like during his sixth year?”

“Initially nothing was suspect. By the end of November, however, it was clear that something was wrong. His grades were slipping and house-elves reported that he was eating less. He withdrew from extra-curricular activities that normally caused him great joy. Filius, Pomona, Septima and I all approached Headmaster Dumbledore independently about our concerns. We were informed that as Head of House Professor Snape had the matter in hand. After the Easter Holidays we started to believe that he was close to a mental breakdown if something was not done. With no sign of any improvement, and with Draco at risk of failing some of his classes, we once again approached Headmaster Dumbledore who told us the situation was under control.”

“What was your reaction when you heard what my client had done?”

“Certain things started to make sense, notably the attacks on Ron Weasley and Katie Bell but it was quite clear to me that Draco had been under a great deal of duress in doing so.”

The Trial started again early the next day and Caldwell decided to focus on Draco’s seventh year at Hogwarts. His attendance was irregular at best, mandated as it was by the whims of a Dark Lord, but he had been there. Occupied Hogwarts hadn’t been a pleasant place and punishments for misbehaviour were obscene. While there was student rebellion, unlike under Umbridge, it was covert and isolated. The Room of Requirement was only open to small and select group of students, those who were already trusted by its inhabitants. Even if they wanted to, Draco and the other Slytherins would not gain entry.

What they could do, and what Caldwell had found witnesses willing to testify to, was another story.

“Mr Thompson, what was your status during the Occupation?”

“Fifth year half-blood”

“What would you like to tell the court about my client?”

“I was walking down the Charms corridor an’ I saw these two firsties, with the Carrows right, and that was never anything good. They were in tears, crying an’ shaking. I reckon they was trying to find the room where everyone was hiding - you know? They looked something awful. This one girl was bleeding from her arm an’ the Carrows were grinning at them, the way they did when they was about to do something they liked. They was going on an’ on about how they wondered what these two students were up to. What they were doing out there an’ how they really hoped they weren’t breaking rules. I was just hiding behind this statue right an’ I see Draco come down the hall from the other side. An’ I saw him see what was happening. He looked awful sick when he noticed. But then he just walked right past the Carrows an’ said something to the firsties about how when he told them to meet him at a certain time for tutoring he expected them to meet him then. An’ he walked and wanted them to follow and they didn’t right? Coz they was scared of the Carrows and had no idea what he was on about. So he got all prissy. The way you’d think he would if it were real right. An’ he was chewing out the firsties an’ saying how his time was valuable an’ that if they didn’t follow they’d be right out. An’ then the Carrows had to let them go right, coz they had a reason. I followed but a bit behind you know, just in case. An’ when I saw them again he was bandaging the one girls arm an’ saying about how they should be careful an’ stay out of the way. He didn’t have to do that you know? An’ I reckon if I saw him do it just that once, then I think he did it more an’ if he did it then I reckon wasn’t much of a Death Eater at all. Ummm yeah. That’s all.”

“Miss Bones, what was your status during the Occupation?”

“Seventh Year, half-blood”

“What would you like to tell the court about my client?”

“I never liked Draco much. I thought he was a bit of a bully. He didn’t like Hufflepuff’s much but I don’t think it’s right, saying that he was a Death Eater. See I had classes with the Carrows and my Auntie was killed by them and Draco was nothing like them. They liked to make Draco use torture curses, because he would go all pale and shaky and sometimes he would be sick, and his curses didn’t ever work so they usually put him under too. It was like a game to them, to watch him fail. They didn’t do it often, maybe once or twice, and the rest of the time he just watched. Which was a bit better than what happened to the rest of us so if that was all I saw then I wouldn’t be here - being lowest on the chain still means you’re on it. But I had to meet them for a private disciplinary meeting once. They suspected I knew where people were hiding, you see, and when I arrived they were talking to Draco. They were saying how he wasn’t one of them. That his father was and his Aunt was and every member of his family was but he wasn’t. Because he was a blood traitor. And then Alecto was saying how his father was out of favour and he better hope he didn’t fall any further. They wanted him to torture me, of course, and he couldn’t and then, instead of using crucio on him, like they did me, they got real creative. They made me watch, used some hex to keep my eyes open, and I still get nightmares about it. It was awful and I mean ... Well I know about awful is all. After that I just...I don’t think he was a proper Death Eater.”

And so it continued:

“...first year pureblood”

“...pretended that...”

“sixth year...”

“...was walking down...”

“....in class and the Carrows...”

“...halfblood”

“...said it was his fault and...”

“...lied and said that...”

“...I thought it was just me...”

“second year...”

“oh, it was horrible and...”

“...He was sick right there!”

“...I didn’t think anything of it really but...”

When he’d started owling every Hogwarts student he could Caldwell hadn’t expected half as many students to come forward. Truthfully he’d barely hoped for one. It had also been a complete surprise when he’d been approached independently by Luna Lovegood asking to testify.

On the stand she talked at length about scared Draco had looked during the previous two school years and how unhappy he’d seemed when she was at the Manor. Then she’d given her most crucial piece of testimony:

“Sometimes the Death Eaters must have forgotten we were there and didn’t bring us food or drink. Draco never forgot though and he knew that they did so he brought us food for right then and dried meat for later, which was very nice of him. He was always so quiet when he did it and he kept looking over his shoulder. He didn’t look very calm. He even brought us a book once, because he thought we might be bored. Which was very kind of him. When the others thought we might be getting bored they liked to hurt us, or hurt him in front of us. They liked to walk down with him and pretend he was going to be the one to hurt us but it wasn’t very convincing and he never did.”

By the close of the second day the crowd in the public gallery, the reporters from the _Prophet_ , and the judges in the Wizengamot found themselves quite unsure of what to make of Draco Malfoy. He was the son of Lucius Malfoy, had let Death Eaters into Hogwarts, and yet they had started to doubt.

Caldwell Jones did not rest. He called a squib turned Neurosurgeon to talk about the development of the pre-frontal cortex and the impact of severe trauma on teenagers. He called a squib academic from the muggle world to talk about children born into crime families and how difficult it was for them to see that their loving doting parents could be violent killers. He called a squib who worked with the United Nations and Amnesty International to talk about child soldiers - about how they were used and abused and were far, far too young to make that choice.

The next witness he called to the stage surprised even Draco. His mouth fell open before he remembered both who and where he was. There was both unfathomable gratitude and a sort of petulant mortification in his eyes. Which relieved Caldwell to see. Draco Malfoy, that contrary little bastard was still in there. He hadn’t folded or crumbled completely during the war, even if he had slightly changed.

“Myrtle Warren, thank you for coming here today”

“I promised I wouldn’t tell but... Oh it was awful and he didn’t have any choice. And he’s my friend, I don’t have any of those, I don’t know why”

“Why don’t you tell the court what you came to say?”

Myrtle seemed to notice for the first time how many eyes were on her, watching her avidly. She swelled with importance and started:

“No one ever visited me in my old bathroom and I was _lonely_ so I started going other places. Oh the things I could see! People didn’t tend to like me much but I was hiding in the boys bathroom on the sixth floor and I saw him come in. He was crying and I told him I didn’t know what he had to cry about. Not when I was dead! And he said he understood. No one’s ever said they understood before. Usually they just want me to stop crying. Oh moaning myrtle they call me, they think I don’t know but I know.

    I thought he was just humouring me, people do that sometimes, they like to make me cry. They think it’s _funny_. He said he was lonely, that people were bullying him too, and that he didn’t have anyone to talk to. So I said that if he wanted to he could come back and talk to me and he promised he would. People promise me lots of things you know. But he came back.

    He didn’t tell me much. Not until that time he almost got murdered. Ooooh I saved his life I did. He was crying like he usually did and I was telling him that I could help him, if he just told me what was wrong. I haunted Olive Hornby you know. I made her pay for what she did, for the laughing and the pointing and the teasing. I could have done the same thing to the people who were hurting him if he’d just _told_ me.  

    He said no one could help him, he was saying that if couldn’t do it that it wouldn’t work and he was saying that if he didn’t someone would kill him. He never said who, he didn’t come back after Harry Potter showed up and tried to kill him. Ooooooh I was so angry. I’d spied on him in the bath once and he did that! Tried to kill my only friend! I never had a friend before.

    There was blood everywhere and I screamed and screamed that there was Murder in the bathroom and a professor came and he didn’t die. Oooooh it was awful. He could have shared my toilet if he did but he didn’t and I heard about what he did but I know he didn’t want to do it. He didn’t want to do it all but he didn’t want to be dead. It’s no fun being dead, _I_ would know.”

It looked like Myrtle was going to go off on a tangent so Caldwell stopped her there and thanked her for coming in. It wouldn’t do for him to make her angry, make her decide to haunt him. She smiled and giggled and said it was really no problem and she looked at Draco where he was sitting and reminded him that he promised to visit her.

The rest of the gallery was looking like they didn’t quite believe what she’d been saying so Caldwell Jones called his last witness to the stand. Draco had already been interviewed, had already defended himself and been disbelieved, all that was left was Harry Potter.

He came, walking towards the witness box, his face a rictus of guilt and self-flagellation. In the public gallery witches and witnesses were murmuring and whispering.

Caldwell stood in front of Harry. Firm, unyielding, and said:

“You’ve already told the court about suspecting my client during your sixth year. Did any confrontation such as the one described by Myrtle Warren take place?”

“I didn’t, you’ve got to understand” Harry turned the full force of earnest face towards Draco now “I didn’t know what the spell did. I promise! As soon as I cast it I... but there was blood everywhere. I didn’t know what it did”

Then he squared his shoulders. Every inch the Saviour, took a deep breath and started speaking. His words were measured but they were coming at such a pace that Caldwell knew he wasn’t sure he’d keep going if he stopped.

“I was on the Tower the night Dumbledore died. Malfoy disarmed him and he was standing there talking for ages. He said he had a job to do and Dumbledore, he told him to do it. But Draco didn’t. He just stood there. And Dumbledore started talking to him. He said he knew Malfoy wasn’t a killer and Malfoy said that Dumbledore couldn’t say that if he knew what he’d done. If he knew about the cursed necklace and poisoned mead. And then Dumbledore said he did know, that he’d known all along and Malfoy asked him why he hadn’t stopped him then.

    It was like he wanted to know why, why no one had stepped in and saved him if they knew. It was the strangest thing. Whenever he remembered why he was there he’d look like he was going to vomit, he looked completely terrified but then Dumbledore would do something or say something and Malfoy acted like he’d just got one over on a teacher. I think... I think it was the only way he could cope. And Dumbledore knew it too.

    He said that he could help, that Malfoy had options and Malfoy was shouting that he didn’t have any. That Voldemort said he’d kill him, and his family too, if he didn’t do it. Dumbledore said that, he said that no harm had actually occurred yet. No one had died - there was still a way to safety, he could protect Malfoy’s family too and Malfoy started to lower his wand. That’s when everyone else arrived and Snape. Snape killed Dumbledore just like they’d planned together.”

There was dead silence in the courtroom. Harry didn’t continue, he simply nodded at Caldwell and stepped off the stand. He had, after all, already told everyone how Draco had refused to identify him at the Manor.

In deference to the mood of the room, Caldwell didn’t make any fancy speeches. He didn’t spread his arms wide or passionately declare his clients’ innocence. He simply folded his arms behind his back, nodded once to the gallery and once to the Wizengamot then said simply that he’d called all his witnesses and that he would retire to see justice done.

The Prosecutor tried. He tried to recapture the energy of the room, tried to argue that duress of that kind was not usually accepted as a defence. He talked at length about how Death Eaters (Lucius Malfoy’s name went unsaid) had lied about the Imperius curse after the first war but it was clear which way the opinion had swung.

Rightly or wrongly, the Wizengamot returned their verdict of Not Guilty and Caldwell Jones walked away victorious. His client, on the other hand, walked out into a world waiting to embrace him as yet another victim of Voldemort’s cause.

**Author's Note:**

> I chose to open this fic with a quote from Razzle Dazzle (Chicago) because, well, it's what I was listening to while writing this but I also wanted to emphasise that this is still one perspective and can just as easily be challenged. I hope you enjoyed!


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